Gay couples receive marriage licenses in Montgomery County

NORRISTOWN — Montgomery County made history Wednesday by issuing the very first same-sex marriage license in the state of Pennsylvania.

By close of day at the Register of Wills/Clerk of Orphan’s Court, five had been issued, catapulting Montgomery County to the forefront of the latest statewide debate on same-sex marriage.

Loreen M. Bloodgood, 40, and Alicia A. Terrizzi, 45, both of Limerick, were married hours after Register of Wills and Clerk of the Orphans Court, D. Bruce Hanes, granted their marriage license. They were the first in line at 8 a.m. after word quickly spread Tuesday that Hanes’ office welcomed same-sex couples.

Bloodgood and Terrizzi have been in a relationship for 18 years and came in with two school-age boys, and it was an emotional morning.

“I knew, driving in, that we could have a line around the block,” said Hanes. “Tears, everywhere.”

Hanes said he waived the three-day waiting period – typical of all marriage licenses – for the couple because they were leaving the area soon and wanted to tie the knot right away. Waivers of the sort are at the discretion of the Clerk of the Orphan’s Court.

“I think we feel equal, for once. I think we feel the same as everybody else and it’s a great feeling. It’s almost indescribable,” said Bloodgood.

“We think it’s really important to show our children that we are a family and we just like their friends who have moms and dads. It’s important for us to stand up for what we believe in. We’ve been a family for 18 years and we’re no different from anybody else, and finally, it’s recognized.”

“We weren’t really planning on being the first people,” said Terrizzi.

“I thought there was going to be a giant line here. I guess we are kind of trendsetters.”

Sasha Esther Ballen, 38, and Diana Lynn Spagnuolo, 39, both of Wynnewood, came in not long after and were granted a marriage license. They were number two.

Hanes has said he will “come down on the right side of history and the law” in issuing the licenses, a first for the commonwealth, which defines a marriage as being between a man and a woman.

“When I was sworn in in January 2008, I was sworn to uphold the constitution of this commonwealth, and my understanding of that requires me to do just that,” he said.

“There are three sections of the commonwealth’s constitution that jump out at you ... they talk about equality, regardless of gender. They talk about essential civil rights. Nobody should be denied a civil right, especially based on sex.”

Montgomery County’s issuance of the licenses flies in the face of a Pennsylvania law banning same-sex unions. The statewide ban is facing a legal challenge by the American Civil Liberties Union (ACLU) on the grounds the ban is unconstitutional.

“What we have is a law that was passed defining marriage. In my opinion, that law is in opposition to the Pennsylvania Constitution,” said Hanes.

“I think my responsibility is to uphold the Constitution and ignore what I consider to be an unconstitutional statute. I think this is extremely historic, extremely important and I think it’s a new landmark in human equality.”

Michael P. Clarke, a solicitor for the Register of Wills, said Attorney General Kathleen Kane’s decision not to defend the state in the ACLU lawsuit relies on a state statute called the Commonwealth Attorney’s Act, which comes into play when the attorney general feels it is in the best interest of the commonwealth to authorize the Office of General Counsel to defend the state in litigation.

“Why people are yelling at (Kane) for dumping it in (Gov. Tom) Corbett’s lap – I think she has the absolute right to do that, under that statute,” said Hanes.

Craig Andrussier, a non-denominational wedding officiant of Lansdale, performed the private ceremony for Bloodgood and Terrizzi at an undisclosed location in North Wales, just two hours after the couple obtained their marriage license, around 10:45 a.m.

“I marry just about anybody who wants to get married,” said Andrussier, who had performed “commitment ceremonies” in the past for same-sex couples, up until now.

“If two people love each other and want to spend the rest of their lives together, that’s what I’m here for. They wanted to have a ceremony with family and friends, but they wanted to get it done as soon as possible before any legislation changed over. This was the first one done in the state and I’m glad to be a part of it.”

County Board of Commissioners’ Chairman Josh Shapiro and Vice Chairwoman Leslie Richards – both Democrats – expressed their support for Hanes’ decision Wednesday. Richards was one of the first to speak out in favor of Wednesday’s move. She said the phones in the commissioners’ office were “ringing off the hook.”

“This is a huge day for Montgomery County. This is one of the most important issues, so I’m very proud to be here today,” she told The Times Herald. “It’s a matter of when – when same-sex marriage is going to be legal and this is definitely moving the dialogue forward in getting us closer to that date.”

On Tuesday, she and Shapiro issued a press release in favor of the orphan’s court’s intent to issue the licenses. Two different women were slated to be issued marriage licenses Tuesday afternoon during what was initially advertised as a “major news conference,” but bowed out – last minute – at the advice of their attorney.

Molly Tack-Hooper, staff attorney at the ACLU of Pennsylvania, applauded the county’s decision to issue the licenses, but said the ACLU did not advise Tuesday’s couple “one way or the other as to whether they should get a marriage license” – but simply gave them fair warning of what could happen.

“In other states, government officials issued marriage licenses before the restriction was overturned by a court, similar to what the Register of Wills is doing here,” said Tack-Hooper.

“In those other states, courts later ruled that the government officials didn’t have the authority to issue the marriage licenses and invalidated many of those marriages.”

Republican Commissioner Bruce L. Castor, Jr., said that the subject of same-sex marriage should be left up to the courts.

“It is not within the authority of the Clerk of the Orphan’s Court or the Register of Wills to change Pennsylvania’s marriage definition. Only the legislature or a court could do that,” he said.

“My opinion is that when you are an executive branch official, like (Hanes) is and like I am, you swear to preserve, protect and defend the Constitution, which means you enforce the laws that were passed pursuant to the Constitutional procedures.”

Adrian Shanker, president of Equality Pennsylvania, headquartered in Harrisburg, called it, “a good time to stand up for total equality.”

“We’re seeing a growing amount of interest in marriage equality in Pennsylvania. I think we’re at a time where elected officials who support fairness and equality want to do everything they can to show their constituents where they stand,” he said.

Shanker and his husband were married in Connecticut, and he advised same-sex couples seeking marriage to apply for licenses in other states, where it’s already legal.

“It’s unclear whether these marriages in Montgomery County will be valid or not,” he said.

“I would certainly advise people who want to get married to drive to Delaware, Maryland or Connecticut … so you don’t take the risk of having your marriage invalidated.”

The five marriage licenses issued Wednesday, said Hanes, are “good” anywhere in Pennsylvania.